The court began delivering its judgement about 1.30pm on the four petitions filed by groups led by Gen Somjate Boonthanom, an appointed senator, Wirat Kalayasiri, a Democrat Party MP for Songkhla, Sai Kangkawekhin, a Rayong senator, and Peerapan Salirathavibhagha, a Democrat list MP.
The petitions asked the court to rule whether the amendment that changes the composition of the Senate, to a fully elected chamber, proposed by 312 MPs and senators led by Parliament President Somsak Kiatsuranont and Senate Speaker Nikom Wairatpanich could be construed as intended to abolish a democratic administration under the constitutional monarchy with the King as head of state in violation of Section 68, paragraph 1, of the constitution.
Gen Somjate's petition also asked the court to order the disqualification from parliament of the lawmakers who supported the legislation, and the dissolution of the political parties involved.
The four petitions were combined as one for consideration.
Before reading the judgement, the court explained that improper use of the majority vote to legislate law for self-interests without regard for the minority is a contravention of Section 3, paragraph 2, of the constitution.
The court also said that under Section 216 of the charter, the court's ruling is legally binding on all parties concerned.
It confirmed the court has the power to consider the petition under Section 68, paragraph 2.
In its ruling, the court pointed out that the wording of the original draft of the legislation written by Senator Udomdet Rattanasathian was different to the version deliberated in the first reading. Traces of corrections were seen on the draft.
During the debate, parliament members who had different opinions were deprived of the right to debate the bill. The court said 57 MPs who had registered their right and intention to take part in the debate were not allowed to do so. The scheduled debate was cut short.
There was also solid evidence that some MPs had voted on behalf of absent members, using their electronic cards. This violated Section 126 of the constitution.
The court ruled that under the present constitution there are equal numbers of appointed and elected senators to ensure a balance of power. If all members of the Senate were elected, they could be under the influence of political parties. There would be no difference between the House of Representatives and the Senate if members of the two houses are all elected. The two chambers could be branded as a parliament of husbands and wives.
The nine judges voted six to three in ruling that the deliberation procedure of the charter amendment legislation, which has been passed by majority vote by parliament and already forwarded to His Majesty the King for endorsement, violated Sections 3, 122, 125, 126 and 291 of the constitution.
The court, however, ruled that there were no lawful conditions for it to consider the request for the removal of lawmakers who proposed the legislation or for the dissolution of political parties involved.
The judges voted five to four that the amendment to make the Senate a fully elected chamber violates Section 68 of the constitution, which prohibits attempts to overthrow the monarchy and unconstitutional efforts to seize power.
Prime Minister Yingluck Shinawatra was tight-lipped when asked to comment on the court's judgement.
Former Democrat MP Akanat Prompan, the spokesman for the protest at the Democracy Monument, announced that the protesters and their leaders accepted the court's ruling on the charter amendment draft.
He said the protest on Ratchadamnoen Avenue would continue because its objective was to end the Thaksin regime and had nothing to do with the charter amendment.
At the Rajamangala Sports Stadium in Hua Mark area, where the red-shirts of the United Front for Democracy against Dictatorship (UDD) were holding a rally, UDD co-leader Weng Tojirakarn briefed the government's supporters on the ruling.
Mr Weng announced that the UDD would announce its stance toward the court's ruling at 8pm on Wednesday night.
--bangkokpost
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